Selected quad for the lemma: son_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
son_n	daughter_n	issue_n	marry_v	42,502	5	9.9004	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A10218	De pace Regis et regni viz. A treatise declaring vvhich be the great and generall offences of the realme, and the chiefe impediments of the peace of the King and kingdome, as menaces, assaults, batteries, treasons, homicides, and felonies ... and by whome, and what meanes the sayd offences, and the offendors therein are to bee restrained, repressed, or punished. ... Collected out of the reports of the common lawes of this realme, and of the statutes in force, and out of the painfull workes of the reuerend iudges Sir Anthonie Fitzharbert, Sir Robert Brooke, Sir William Stanford, Sir Iames Dyer, Sir Edward Coke, Knights, and other learned writers of our lawes, by Ferdinando Pulton of Lincolnes Inne, Esquier.	Pulton, Ferdinando, 1536-1618.; Fitzherbert, Anthony, Sir, 1470-1538.; England and Wales. Public General Acts. Selections.	1609 (1609)	STC 20495; ESTC S116053	719,079	571

of those parties a straunger and they come to issue the other partie who made the same combination is returned vpon the Enquest to trie the matter in issue betwéene his companion and that stranger Periurie suspected by combination the law doth suspect him of fauor and periurie so will reiect him if he be challenged therefore for she doth feare that his old friendship former league with the party to that issue hath suncke déeply into his brest and will further preuaile with him then the truth of a straungers case to be presently examined and tried will doe be it neuer so apparant Fitz. Chal. 106. 10 If two men be at controuersie and in sute of law Periury suspected if one of the parties a Iuror be at sute in law and depending that sute there is an other controuersie and sute in law commenced betwéene one of those parties a stranger 8. H. 5. 11. and they discend to an issue and the other party to the first sute is returned one of that Enquest In this case the law doth suspect him of malice and will remoue him out of that enquest if he be challenged therefore by his former aduersarie for she doth feare that the grudge which he hath conceiued in his hart against his aduersarie vpon the first sute will moue him to reuenge which is one of the grounds and causes of periurie 8. H. 4. 3. 27. Ass p. 13 11 If two persons or more doe conspire and agrée betwéen themselues to indite an other of felonie and accordingly they doe procure him to be indited of the same felony of which felony vpon his arraignement he is acquit if the partie indited doe bring a writ of conspiracie against the said conspirators and they doe come to an issue to be tried by a Iury Periury suspected for that the Iuror passed against him before if any of those who were the Inditors of the same person be returned vpon the enquest to trie the conspiracie the law will suspect him of partialitie and not admit him to be sworn to try the conspiracie for feare of periurie for she conceiueth that he will doe his indeuor to iustifie and maintaine that which before he had found vpon the inditement though it be false for the sauing of his owne credit And the like law is if a man be one of those who doe indite an other of felonie and after when the partie indited hath pleaded not guilty and doth submit himselfe to be tried by the Country 7. E. 4. 4. 12. Ass p. 36 the same Inditor is returned vpon the enquest to trie innocencie or guilt of the man vpon the challenge of him by the partie indited he shall be remoued for the law will suspect him of periury and that he will rather respect his owne credit and iustifie his former oth and the inditement to be true then regard his euidence the life of the man arraigned and the truth of the case in triall And it is specially prouided by the Statute of An̄ 25. Ed. 3. St. 25. E. 3. 3 That no Inditor shall be put in Enquests vpon the deliueraunce of the Inditées if hée be challenged for the same cause by him which is indited Periurie suspected in respect of Subiection or gouernment 12 And the Lawe doth suspect one that is returned of a Iurie of partialitie and fauour who is within the distresse of either of the parties to that sute Fitz. Challenge 19. 27. 46. 61. 4. H. 6. 25. 44. Ed. 3. 5. or that is within the Iurisdiction of the Court Hundred or Court Leete of the plaintife or defendant or of any other in whose right to whose vse or by whose commaundement either of them do claime for if he hath any land in his owne right or his wiues or that any other is seised to the vse of him or his wife of any land whereof he taketh the profit 38. Ed. 3. 25 which is holden mediately or immediately of either of the parties to that sute the Lawe dooth suspect him of Periurie and being challenged therefore hee shall be drawen and not sworne of that Enquest 22. Ed. 4. 1. And so it is if any of the persons returned to be of a Iurie be seruant to either of the parties to that Issue the Lawe doth suspect him of Periurie for that hée is at the commaundement and vnder the correction of his Master and therefore being challenged hée shall be drawen out of that Iurie And the like Lawe is if either of the parties to the sute 2. H. 4. 13. be seruant to any of the Iury and that Iuror be challenged therefore hée shall not be sworne for feare of Periurie which hée may commit for his seruants benefit Periurie suspected in respect of kinred aliance or profite 13 The Lawe doth also perceiue 8. H. 6. 15. 7. H. 6. 40. that Nature and priuate profite be oft times speciall motions to Partialitie Fauour and Periurie As if any person be returned of a Iury who is néere of kinred or affinitie to either of the parties to that sute or to his wife viz. within the degrées of Marriage and specially if the same Iuror may by any presumption or likeliehoode after take benefit of the thing in question Or if either of the parties to that Issue may be heire to the Iuror or the Iuror or his heire be heire to the said partie then the Lawe vpon Challenge doth reiect that Iuror for feare of Periurie But if the kinred or aliance betwéene the partie to that sute 40. Ass p. 20. and the Iuror be farre off and many degrées asunder Or that one be a kinsman on the fathers side and the other of the mothers side or one be a kinsman to the other of the halfe blood or a Bastard or otherwise Fitz. Challenge 102. in such sort that the land of the one can not by the course of inheritance and the rules of the Lawe discend to the other Or if the alliance be such that the sonne of the one hath married the daughter of the other and not betwéene themselues 3. Ed. 4. 12. then the Lawe doth not feare Periurie in the same Iuror but hee may be sworne to trie that Issue And if there be a sute commenced betwéene a Corporation and a priuate person and that doth come to be tried by a Iurie if any of the same Iurie be neare of kinred or alliance to any person of that Corporation 34. Aff. p. 6. 7. Ed. 4. 4. or to any principall Officer of that Corporation the Lawe doth suspect him of Periurie therefore and if hée be challenged for that cause hée shall be drawen out of that Enquest 2. H. 4. 15. 10. H. 6. 24. The Lawe doth account it a kinde of affinitie One godfather to the others child if one of the parties to the sute haue baptized and béene godfather to a childe of one

same in a writ of Maintenance brought against him but he cannot retaine or intreat a man learned in the law to be of counsell with the principall partie nor meddle further in that cause than to sée the mainprise performed and himselfe discharged Maintenance in respect of his interest in the land 24 Euerie person that hath any interest in land may meddle and maintain him who is impleaded for the same land and not bee punished therefore in a writ of Maintenance As if tenant for terme of life or in taile of land bée impleaded for the same land or any part thereof Bro. Maint 53. he in the reuersion or remainder thereof may at his owne charges maintaine him in that suit for the safegard of his owne estate for it is in a sort his owne case and the defence of it is to his owne benefit and the euiction to his owne disheritance But this maintenance must be after tenant for terme of life hath atturned vnto him in the reuersion for i● he maintaine the suit before it is punishable in him 9. H. 6. 64. And so it is if a man being seised of land hath issue a daughter who is maried to another if the father in law be impleaded of that land in a reall action the sonne in law may maintaine him at his owne charges for that by possibilitie that land may after the decease of his father in law descend to his wife and so come to him in her right But if the daughter dye without issue of her bodie begotten by the said husband before the said suit commenced 14. H. 7. 2. 6. E. 4. 5. 19. E. 4. 3. then the sonne in law cannot maintaine the father in law in that suit Neither can hee maintaine him during the life of his wife if an action of Debt couenant account or any other personall action be brought against him for he is neither to take benefit or losse by any of those suits 6. E. 4. 2. 39. H. 6. 20. And if a man seised of land make a lease for certaine yeares of the same and after a suit is commenced betwéene the said lessée for yeares and a stranger touching the same land or any part thereof the lessor may giue euidence for the lessée vpon the triall of the cause in question or otherwise may maintaine him in that suit at his owne charges for it tendeth to his owne priuat benefit or losse And in some case a man may maintaine a suit lawfully though he be neither heire to the land nor in possession reuersion Maintenance in respect of his possibilitie or remainder thereof As if a man being seised of land 9. H. 6. 64. doe make a lease thereof to another for the terme of the life of the lessee and after doth grant to a straunger that if the said tenant for terme of life doe dye during the same lessors life that then the same stranger shall haue and enioy the same land for the terme of xx yeares after the death of the same tenant for life if in this case the tenant for life be impleaded for this land the same stranger may maintaine him for the sauing of his owne estate for yeares and yet he hath no certaintie but a possibilitie of a terme for yeares which peraduenture will neuer chance And likewise in some other case a man may maintaine a suit lawfully though he be neither in possession reuersion remainder or possibilitie of the thing in question Maintenance in respect of his warranty As if a man be seised of a rent going out of another persons land 11. H. 6. 49. to him and to his heires and by his déed doth graunt the same to another and to his heirs with clause of warrantie and the tenant of the land out of the which this rent is issuing doth atturne to the grauntée of this rent if after the grauntée be impleaded of this rent vpon tryall of the issue the grantor may come into the Court and shew to the Iurors such euidence as he hath to prooue the title of this rent and it is lawfull maintenance and not punishable in him though he was neither called into the Court by voucher to warrantie or by Warrantia Chartae And so might he haue done if he had beene called to warrantie by any of the meanes aforesaid vpon a warrantie made of land or rent for it is to preserue himselfe out of daunger and from recompencing in value of that whereof before he had made warrantie 25 As it is in lands and leases so is it in rents goods and debts Maintenance in respect of his rent for euerie person that hath interest in them may meddle and maintaine and defend him who is impleaded or prosecuted by suit or doth implead or prosecute by suit any other for any matter or cause concerning him or whereupon hee doth depend so that the same suit doth tend to impeach preiudice or trouble his estate therein or may redound to his benefit or profit or may be a meane thereof 9. H. 6. 64. As if a man haue a rent charge in fée out of certaine lands and another man hath in custodie a boxe of writings concerning the same rent and after hée that hath the rent doth graunt it to a stranger and his heires to the which graunt the tenant of the land charged doth atturne and moreouer the grantor of that rent charge doth graunt to the assignee of the same that if he can recouer the same boxe of writings that then the same assignee shall haue them If after this graunt the grauntor doth pursue a writ of Detinue against him that hath the custodie of this boxe of writings he to whom the same rēt charge was graunted may lawfully maintaine him in that suit for that by promise he is to haue the same boxe of writings if it be recouered for the preseruation of his estate in the said rent charge 11. H. 6. 47. And a Lord may maintaine his tenant if he be impleaded for his freehold A Lord may maintaine his tenant in respect of his rent and seruices that he is to receiue and haue of him And so it was before the Statute of Vses made anno 27. H. 8. if a man had made a feoffement of land to others to his owne vse the feoffor might maintaine the freehold tenant which held of his feoffees in respect of the vse which he hath in the rent and seruice of that tenant 15. H. 7. 2. 26 And the same law is touching debt As if A. do owe vnto B. xx l. and C. doe owe to A. xx l. due by Obligation Maintenance in respect of debt and A. will deliuer vnto B. the same Obligation in satisfaction of the xx l. which he doth owe him In this case B. may sue an Action of Debt vpon this Obligation against C. in the name of A. and retaine an Attourney and learned counsell and pursue and

the patient cured and not diseased of the sinner reclaimed and not persisting in vice of that peace which I would haue and wish might flourish and not of those Lawes that by awe do worke it For these Lawes whereof I doe write and some others How the Lawes doe preserue the peace of the King doe preserue the peace of the King in that they doe assure vs who is our King doe settle and continue the Crowne on his head do put the Sword and Scepter in his hand doe attribute to him seuerall Regall Titles Honours and Prerogatiues doe bind his Subiects to performe all loyaltie duetie and obedience vnto him and lay heauie punishments vpon the withstanders or deniers thereof These Lawes bee as his Priuie Counsellours incessantly respecting the preseruation of his person peace Crowne and dignitie These be as his Gentlemen Pentioners attending daily in his presence to do him all princely honor and seruice These bee as the Yeomen of his guard waiting day and night to protect his person in peace from all forcible assaults and other perils These bee as his great and goodly Shippes which lye houering on the Seas and his strong castles and forts of defence which stand firmly vpon the land wherewith he doth preuent forrein hostilitie represse inward tumults and so keep himself and his people in peace These be as the Iudges Iustices Sherifes Constables and other Officers watching euerie houre and moment in all the Shires places corners and creekes of the Realme to represse outrages and to maintain his peace And lastly these be to him as his mynt by which he doth coyn gold and siluer to defend himselfe and his people in the time of warre and to support his honour and royall estate in the time of peace How the Lawes doe preserue euerie person in peace And also by the protection of these Lawes euerie good member of the whole kingdome doth receiue the like benefit of peace for in feare of them each person doth enioy his life and limmes in peace and is defended from the bloudie minded murderer and manqueller and the rage of the furious quareller and fighter And in feare of them the housekeeper resteth in peace with his wife and family vnder his owne roof without being assaulted by burglers And in feare of them the traueller iournieth in peace from one country to another without being spoiled by robbers And in feare of them the Grasiers cattell do feed quietly in his pasture without being stolne by theeues The terrour of the Lawes do ofttimes restraine cholericke or contentious spirits from Batteries Riots Routs Forcible entries and other outrages and couetous and greedy persons from practising or procuring of forgeries and godlesse and irreligious people from persuading or committing of periuries and false and guilefull persons from putting in vre of frauds and deceits and impudent and shamelesse men to wrest from others by briberie extortion or oppression And diuers there be who neither by the lawes of God of nature or reason will be bridled and reduced to vertue yet by the penalties feare of some of our capital and criminal laws do yeeld to be curbed refrain from the practise of their vicious liues of whom the saying of the Poet may be verified Oderunt peccare mali formidine poenae And so I may truly verifie that the Lawes whereof I do write be the meanes of the peace of the K. and the kingdom And so long as the offences in this Treatise specified shall be reformed or duely checked by these Lawes Florebit pax Regis Regni But though peace be mine end and peace the marke that I roue at yet there be some that thinke that the diuulging of our criminall and capitall Laws in our mother tongue will not be a meane of that peace which I do so much ayme at for that as they surmise the same Lawes may then be misconstrued by euerie ignorant and vnlearned person that can read English and the sence and meaning thereof may be mistaken the reader himselfe may be led into errour and others may be misinformed by his imbecilitie of iudgement seeing the same reader is able only to looke into the letter of the law and not to discerne of the intent of the makers or of the true sence thereof And do alledge for their reason the same that was obiected at the making of the Statute of Ann̄ 34. H. 8. St. 34. H. 8. ordained for the restraint of seuerall persons to read the Scriptures in the English tongue for feare of raising of heresies and schismes in Gods church surmising then that ignorance was the mother of deuotion as these men now would make her of obedience But if the same parties will looke backe they shall find the said Statute repealed St. 1. E. 6. 12 and by the learning and practise of the former our present age the reason aforesaid refelled Men may not surcease to read the Scriptures because the diuell misconstruing the Psalme Psal 90. Math. 4. would haue persuaded thereby Iesus Christ the sonne of God to cast himselfe downe headlong from the pynacle of the Temple Nor for that the Saduces being deceiued in a place of Deutronomie Deut. 25. Math 22. would haue inferred by the woman which maried seuen brethren that there is no resurrection of the dead Nor for that S. Paul in his Epistles did write certaine obscure things to be vnderstood 2. Pet. 3. which vnlearned and vnconstant men depraued as they did other Scriptures to their owne destruction For this deprauing misconstruing or wresting of the lawes of God or man out of their true meaning proper sence doth conuince the reader of ignorance pride selfe loue or folly and doth nothing impeach the credit of the same laws nor the necessitie or conueniencie of them nor the considerat iudgement of the law-makers We perceiue by the questions demurrers argumēts which oft do arise amongst the reuerent Iudges and learned men in the lawes of our Realme touching the construction and true meaning of diuers of our Statutes and common lawes that the old Prouerbe is true Nemo nascitur artifex viz. No man is borne vnto or at the first can obtaine the perfect vnderstanding of any learning science or art whatsoeuer but euerie person beginneth in ignorance then increaseth in knowledge by little little according to his capacitie and diligence For as the Pomander doth giue a pleasant sauour only whē it is rubbed and the flint doth yeeld fire onely when it is beaten so knowledge in all lawes and other learnings is obtained onely by much studie due consideration deep digestion thereof as an hole is made in the hard stone by the often dropping of the soft and liquid water And therfore if the busie searcher of other mens knowledge and carper at their ignorance will with the eyes of his mind looke into the old and new Testament and euery booke place and particle thereof and into

for an assault made to the wife 22. Ass p. 60 the husband the wife shal haue an action of Trespas against him that made the assault 46. Ed. 3. 6. the declaration shal be ad damnū ipsorum though the husband only shall recouer the damages 12 But as he that is assaulted or beaten Iustifying of beating in his owne defence shal haue his remedie by action of Trespas against him that did assault or beat him also the K. shall haue a fine therefore if he that made the assault or battery did it without cause offered therein iniurie to the party assaulted 16. Ed. 4. 11. 19. H. 6. 47. 6. H. 7. 1. 34. H. 6. 15. 43. Ed. 3. 23. because the kings peace is broken one member of the cōmon weale hath abused done wrong to an other So on the other side if he that was so assaulted or beaten did first make an assault vpon him that after did beat him would haue beaten wounded or c. and in his said assault did receiue from the other some stripes or blowes the def may iustifie his said assault batterie as a thing done in defence of his owne person from imminent present perill wherin the Law will protect defend him And therfore in that case the def doth answer the pl declaration pledeth in bar that the pl did assault him would haue beaten him he defended himself the hurt which the pl receiued was by his own assault And the pl in his replication doth plead that the defendant did with force armes of his owne wrong make assault vpon him beate him euill intreate him contrary to the Kings peace without any such cause as the defendant hath alledged And so the issue is ioined whether the assault was begun and made by the plaintife vpon the defendant or by the defendant vpon the plaintife for if the assault batterie 38. Ed. 3. 6. or assault only was first made and begun by the defendant vpon the plaintife Then the defendant did it with force armes and against the kings peace is to answere damages to the plaintife according to the hurt which he receiued to pay a fine to the K. for vsing force violence breaking his peace for at all times in an action of Trespas vi armis brought against any person 19. H. 6. 8. if the defendant be conuict he shall pay a fine to the King 8. Ed. 4. 15. But if the plaintife made the first assault and the defendant in his own defence rather then he would be beaten or wounded did beate strike or wound the plaintife Then the plaintife shall recouer no dammages against the defendant but shal be amerced to the King for his false suit Neither shall the defendant be charged to pay to the king any fine And if one man wil assault offer to beate two thrée 12. Ed. 4. 6. or more persons they in their own defence doe beate or wound him he shall haue no action of Trespas or other remedie against them one of them may defend helpe the other But it is to be obserued in this case that if one man doe assault an other if he which is assaulted may escape with his life 2 H. 4. 8. 33. H. 6. 18. or without being wounded or maihemed it is not lawfull for him to beate or wound the other who made the assault 13 As the law doth accompt it no breach of the peace for one man to beate an other in the defence of his own person from killing Iustifying of beating in defence of others wounding or beating but a thing iustifiable So doth she impute it no fault punishable for the husband to beate him that doth assault would beate wound 19. H. 6. 31. 66. Lib. intur 553. or euil intreate his wife being both one flesh or for the wife to beate him that doth assault and would beate wound or euil intreate her husband Or for the sonne or daughter to beate him that doth assault would beate wound or euil intreate his or her father or mother Or for the father or mother to beat him that doth assault Lib. intur 554 would beate wound or euil intreat his or her sonne or daughter being then within age not able to defend him or her selfe Or for the Lord to beate him that doth assault would beate wound or euil intreat his villaine Or for the seruant to beate him that doth assault would beate wound 35. H. 6. 51. 11. H. 6. 19. 12. Ed. 4. 6. or euill intreate his master or mistris or to take any weapons wherewith the assailant would beate wound or euil intreat his master to kéepe them vntil his rage be swaged for the seruant is bound to performe vnto his master mistris protection dutie he may kill a man in defence of his master if his said master cannot otherwise escape But the seruant cannot iustifie the beating of him 21. H. 8. 39. that doth assault attempteth to beate wound or euil intreate the father mother brother sister son 9. Ed. 4. 48. or daughter of his master or mistris for he oweth no obedience or duty to any of them Neither can the master iustify the beating of him that doth assault would beat wound or euill intreat his seruant Fitz. Iustification 3. 19. H. 6. 30. 66. But though the master cannot assault beat an other that doth assault would beate wound or otherwise euill intreat his seruant Yet he may with a sword staffe or other weapon aide defend his seruant assaulted from being beaten that in respect of the losse of his seruice And also after his seruāt is beaten 22. H. 6. 43. 21. H. 6. 9. Fitz. Trespas 46. 20. H. 7. 5. Cook lib. 5. 108. he may haue an actiō of Trespas against him that did beat wound or euil intreat his said seruāt vnles it were vpon the same seruants own assault recouer so much in damages against the offēdor The masters remedy for the bea●ing of his seruant as he receiued preiudice or hinderance by the losse of his said seruants seruice for if the seruant be but so beaten that he is able to do his seruice as well as he was before the master shall recouer no damages for that beating And as the master may haue an action of trespas against the offendor recouer so much in damages as he doth loose by the want of his said seruants seruice so likewise the same seruāt may haue another action of trespas against the offendor recouer so much in damages as he shall receiue hurt on his bodie Fitz Trespas 210. 21. H. 6. 8. 3. H. 6. 54. 34. H. 6. 28. 43. by the said assault beating In an action of trespas brought by the master for beating of his seruant wherby he

that he did cause some lawfull punishment to be inflicted vpon certaine of them for their crimes notwithstanding all these or such like misdemeanors be neither Treason nor Felony by the Law but a Riot and yet in respect of the basenesse of the parties which committed this wrong of the cause for the which they put it in practise of the worthinesse of the person and of his place vpon whom it was executed of the barbarous course taken in the performance therof of the perillous exāple giuen to other malefactors these riotors deserue to bée censured with a much sharper punishment then the former For as there be no bounds obserued by leud and wicked persons of their outrages so be there no certaine means or limits assigned of their punishments but the said most honourable Court of estate may draw forth his Maiesties sword of iustice and first punish the said offences according to the particuler lawes and statutes prouided therfore and then euery person transgressing by himselfe according to the circumstance of his demerits as partly may appeare by the statute of anno 3. H. 7. St. 3. H. 7. 1. which expresseth some parts of the authority giuen to the Lords of the said Court and more by a branch of the statute of Magna Charta whereby it is enacted St. 9. H. 3. 14 That euery fréeman shall be amerced viz. punished for reasonable cause according to the quantity of his offence And further by the statute of Anno 33. H. 8. St. 33. H. 8. 1 which giueth the lords of the said Court of Starre-chamber authority to punish those who by counterfeit letters or tokens shall get other mens goods into their hands by imprisonment setting vpon the pillory or other corporall paine whatsoeuer except death ❧ Treasons 1 CRimen lesae Maiestatis What is Treason in our English tongue called Treason is a great offence done to the Maiesty of gouernement and the peace of the land which the wisdome of this Realme hath from age to age so much hated and abhorred that they haue persecuted those that were guiltie therin with most violent and vntimely death and with extreame and seuere tortures they haue ordained that an offendor therein shall be hanged and cut downe aliue that his bowels shall bée cut off and burned in his sight that his head shall bée seuered from his bodie that his quarters shall bée diuided asunder and disposed at the Kings pleasure and made food for the birds of the aire or the beasts of the field and that his wife and children shall be thrust out of his house and liuings that his séed and blood shall be corrupted that his lands and goods shall be confiscated and as by the statute of 29. H. 6. 1. it is ordained of the Traitor Iohn Cade he shall be called a false Traytor for euer And as our respectiue and considerat forefathers haue deuised to yéeld vnto those grieuous offendors Legem talionis and to teare their bodies lands and goods who doe practise to rent and pull asunder this Maiestie of gouernement by destroying the head or such as are like to be the principall succéeding members thereof or by diuiding the bodie into parts or by weakning the force and strength thereof or by subuerting the chiefe Magistrats of iustice or by counterfeiting staining or blemishing of the peculiar and royall Ensignes Cognisances and Sinewes thereof so haue they béene carefull and prouident that there should be no greater number of those dreadfull sharpe and bitter lawes than vrgent necessitie for the preseruation of that Maiestie of gouernment required And because it was in former times greatly doubted and ofttimes called in question amongst the Sages of the Realme and learned in the lawes which offences were by the common law high Treason and which not and which were petit Treason and which not and seuerall men were of seuerall opinions therein and to the intent that al future ages might know and be more vigilant to eschew the penalties thereof King Edward the third at his Parliament begun at Westminster the thirtéenth day of Ianuarie St. 25. E. 3. 2 in the 25. yere of his raign at the request of his Lords and petition of his Commons made a declaration thereof in manner as hereafter followeth viz. It is high Treason where a man doth compasse High treason or imagin the death of our Soueraigne Lord the King or of our Ladie the Quéene his wife or of their eldest sonne and heire or if a man doth deflower the Kings wife or the Kings eldest daughter being vnmaried or the kings eldest sonne and heires wife or if a man doe leuie warre against our Lord the king in his Realme or be adherent to the kings enemies in his Realme giuing to them aid and comfort in his Realme or else where and thereof be probably attainted of open deed by people of their owne condition And if a man do counterfeit the Kings great Seale or his priuie Seale or his money which offences Bracton doth terme Crimen falsi And if a man bring false money into this Realme counterfeit to the money of England knowing the money to be false Bracton de Corona cap. 3. to marchandise or make paiment in deceit of our Lord the King and his people And if a man kill the Chauncellor Treasurer or the Kings Iustice of the one Bench or the other Iustices of Eire and of Assises and all other Iustices assigned to heare and determine beeing in their places doing their Offices And it is to bée vnderstood that in the cases aforesaid it ought to bee adiudged Treason which extendeth to our Lord the King and his royall Maiestie And of such Treason the forfeiture of the escheat doth appertaine to our Lord the King as well of the lands and tenements holden of others as of himselfe And moreouer there is another manner of Treason Petit treason that is to say When a seruant killeth his Master or a wife her husband or when a secular or religious man killeth his Prelat to whom he oweth faith and obedience And such manner of Treason giueth the escheats to euery Lord of his owne fée And because many other cases of like Treason may happen in time to come which a man cannot thinke of nor declare at this present It is accorded that if any other case supposed to be treason that is not before specified doth happen of new before Iustices the Iustices shall stay without proceeding to iudgement of Treason vntill the case be declared and shewed before the King and his Parliament whether it ought to be adiudged Treason or other Felonie And in case any man of this Realme doe ride armed openly or secretly with people armed against another for to kill or rob him or to take and detaine him vntill he hath made fine and ransome to be deliuered it is not the King or his Counsels wil that in such case it shall be adiudged Treason but it shall be

another manner of Treason when a seruant killeth his Master c. although there be therein no mention made of the Mistresse yet if a man or woman seruant do kill his or her Mistresse or Dame A seruant killeth his Master or Mistresse it is Petit treason 19. H. 6. 47. 12. Ass p. 30 and within the puruiew and meaning of the said stat though it be not within the letter thereof and it was Petit Treason by the common law for the seruant is retained to serue as well the one as the other and to be obedient as well to the one as to the other and one of them hath affiance in the seruant as wel as the other And if a seruant kill his Master after he is out of seruice 33. Ass p. 7 Co. li. 1. 99. if it be vpon a premeditat malice conceiued against him during the time that he was in seruice it is petit Treason for the execution of the fact doth respect and looke backe to the originall cause which was the malice the seruant conceiued against his Master when he was his seruant If a seruant do procure one to kill his Master 40. Ass p. 25 who doth kill him in the seruants presence this is petit Treason in the seruant but if he do kill him in the seruants absence then is it not petit Treason in the seruant but he is accessory to murder 2. 3. P. M. Dy. 128 A woman seruant conspired with a stranger to rob her Mistresse and at a time appointed in the night she did let him into the house and led him to the bed with a candle where her Mistresse lay sléeping the same stranger killed her Mistresse in her bed the seruant saying or doing nothing but holding the candle in this case the seruant committed petit Treason and was adiudged a principall therein though the partie who did the bloudy fact The wife cōspireth with another to kill her husband was but a murderer P. 16. Eliz. Dyer 332. If a wife and a seruant do conspire to kill the husband and appoint a time and place for it and the seruant killeth the husbād in the wiues absence this is petit Treason in them both though the wife bée absent and yet the law is otherwise if he be not a seruant but a stranger for if a woman procure a strāger to kil her husband which he doth in her absence she shal be hanged and not burned for that the principall offendor was a murderer and not a Traitor as the seruant was in the former case 4. Ass p. 25. And so abettors and procurers Abettors and procurers in petit Treason be within this part of the stat touching petit Treason although they are not expresly named within the letter of the statute The son killeth father or mother 8 Some do affirme it to be petit Treason in the sonne or daughter 21. Ed. 3. 17. to kill the father or mother and some others doe not thinke it to bée so vnlesse the father or mother doe at the same time giue meat and drinke to that sonne or daughter which doth kill him or her as to a seruant and so that the Treason should be in respect of the duetie of seruice broken and not of duetie of nature violated Breaking of prison 9 It is Petit Treason if a man outlawed of felonie 1. H. 6. 5. and imprisoned in the K. Bench be attainted for breaking of prison and letting at libertie such persons as were there imprisoned for Treason and the offendor shalb● drawn and hanged An Indictor doth discouer counsell And it hath béene adiudged petit Treason in some age 27. Ass p. 6● and felony in another age S. Felonie c. 15. for one of the indictors to discouer the K. counsell and his fellowes but sithence it hath béene taken onely as finable to the King Treasons by Statutes 10 Besides the before mentioned offences which be explained to be Treasons by the common lawes of this realme and besides all the offences aforesaid which were made Treason by the seuerall stat before rehearsed and after repealed by the foresaid stat of An. 1. M. there haue béen sithence that time seuerall other offences made high Treason by seueral stat which I wil set down in order as they were made and as néere as I can gather expresse the causes why they were made For as much as by the lawes of this Realme small and no due and condigne punishment was before prouided for such euill disposed persons as shold counterfeit or forge such kind of gold or siluer of other realms as is not the proper coine of this realm and yet permitted by the Quéens consent and heretofore suffered by her progenitors to be currant in paiment within this realme nor for such persons as shold counterfeit the Quéens signe manuall St. 1. M. 6. her priuie signet or her priuie seale therfore by a stat made An. 1. M. 6. it was enacted Forging the coins of other realms currāt in this realme That if any person or persons shall hereafter falsly forge or counterfeit any such kind of gold or siluer as is not the proper coine of this realme and is or shal be currant within this realme by the consent of the Q. her heires or successors or if any person or persons at any time hereafter doe falsly forge or counterfeit the Qu. signe manuall priuie signet or priuie seale Forging the Kings signet Manuall c. that then euery such offence shal be déemed adiudged high treason the offendors therein their counsellors procurers aiders and abettors being conuict according to the lawes of this realme of any the said offences shall be likewise déemed and adiudged Traitors against the Qu. her heires and successors and the realme and shall suffer and haue such paines of death forf of lands goods and cattels and lose the priuiledge of all Sanctuarie as in case of high Treason is vsed and ordained 11 Where sundrie coynes of gold and siluer of other realms not being the proper coine of this realme of England and by the sufferance of the K. and Q. be currant in paiment within this realm many euil disposed persons for their owne corrupt lucre did bring into this realme from the parts beyond the sea great quantitie of forged and counterfeit money like to the said coine of other forreine realmes and did vtter the same by marchandises and otherwise to diuers subiects of this realme to their great damage for that there was not any sufficient law then prouided for the condigne punishment of the offendors in that behalfe St. 1. 2. P. M. 11. therfore by a stat made An. 1. 2. P. M. it was established That if any person or persons shal bring from the parts beyōd the sea into this realme or into any of the dominions of the same Bringing in of

partie most interessed or grieued by the same murder or felonie is to prosecute sute against the saide offendor by Appeale and thereby to séeke reuenge against him for the wrong done to himselfe or his auncestor or else the offendor is to be indited at the Kings sute whose peace hée hath broken and whose lawe he hath offended and who hath a speciall interest in all manner of treasons and felonies to punish them to wéede them out of his kingdomes and dominions and to defend his subiects from them And therefore I am to expresse in this Chapter and the next what an Appeale of felonie is and what an Indictment is by whom for whom and against whom and in what cases they are to be begunne prosecuted and maintained what defences or pleas are to be made or pleaded by the supposed offendors vnto them and what counterpleas may be obiected against the same plees Appeale of death An Appeale is a plaint of one person made against another with an intent to attaint him of felonie by a course of Lawe prouided therefore which appeale may be brought against a woman couert without her husband against an infant and all others that can commit felonie and a woman may haue an appeale for the death of her husband Appeale by a woman of the death of her husband because the husband and wife be one flesh but of the death of none other by force of the Statute of Magna Charta which hath ordained That none shall be taken St. 9. H. 3.34 or imprisoned by the appeale of any woman for the death of any other than of her husband And therefore if a woman doe bring an appeale of the death of her father and the Defendant would admit it yet the Court will abate it 10. Ed. 4.7 Plow Com. fol. 85. because it is contrary to the said Statute Appellāt conueieth his title by a woman 2 As a woman shall haue no Appeale of the death of any other but of her husband No more shall any cosin of him that was slaine who maketh his conueiance in kinred by a woman haue any appeale of the death of him that is killed notwithstanding he be issue male and not female Appellant conueyeth his title by a woman and notwithstanding that the woman by whom he maketh his conueiance died in the life time of him 20. H. 6.46 Fi. Cor. 385 17. Ed. 4.1 of whose death the appeale is commenced As if a man haue issue one onely daughter who marrieth a husband hath issue a sonne and dieth and after the father of that woman is slaine In this case the sonne of the woman shall not haue an appeale of the death of his saide grandfather though hee be his next heire at the common lawe and inheritable to his land because his mother was foreclosed of it by the foresaid statute of Magna Charta and so likewise he which hath none other title thereunto but that which he deriueth from his saide mother Fi. Cor. 384 17. Ed. 4.1 But if he that was slaine haue none heire on the fathers side then the vncle or next of kinne on the mothers side shall haue the appeale yea though he doe conuey his title thereunto by a woman 3 By the auntient lawe of this Realme a woman could not haue an appeale of the death of her husband vnlesse her said husband were slaine betwéene her armes within the yéere and day before Neither could shée or any other haue an appeale vnlesse she or he were present at the death of the partie slaine and sée it But that Lawe was altered by the Statute of Gloucester St. 6. Ed. 1.9 whereby it was ordained That no Appeale shall be abated so soone as they haue béene heeretofore But if the appellant in an appeale doe declare the déede the yeare the day the houre The declaration in appeale of murder the time of the King and the Towne where the déede was done and with what weapon hée was slaine the appeale shall stand in effect And the appeale shall not be abated for default of fresh sute where a man doth sue within the yeare and the day after the déede done 50. Ed. 3.15 28. Ed. 3.91 27. Ass p. 3. 4 If a woman will haue an appeale of the death of her husband The woman must be the deads lawfull wife it is requisite that shée be not onely his wife indéede viz. de facto but also lawfully and in right viz. de iure for neuer accoupled in lawfull marriage is a good plea to barre her of her appeale And it shall be tried by the Bishop whether she be his lawfull wife or not 20. H. 6.46 12. El. Dyer 296. 5 It is requisite that a woman who will maintaine an appeale of the death of her husband shall liue sole and vnmarried The woman must liue vnmarried for by her second marriage her appeale is extinct though her second husband doe die within a yeare and day after the death of her first husband And if a woman doe bring an appeale of the death of her husband and hanging the Writ shée doth marry another husband her appeale shall abate for euer 11. H. 4.46 6 If a woman doe bring an appeale of the death of her husband A woman marrieth betweene iudgemēt executiō and doe pursue the Defendant vntill Iudgement And then after iudgement and before execution shée marrieth an other husband In this case shée shall not obtaine execution viz. the Defendant shall not be hanged at her sute for shée hath willingly lost the name of her first husband before shée hath obtained the effect of her sute and the reuenge which shée brought her appeale for Where appeale lieth but no dower 7 There be some Cases where a woman shall haue an appeale of the death of her husband though she be not endowable of the possession of the same husband As where her husband is attainted of treason 27. As p. 41 35. H. 6.58 and after one doth kill him his wife shall haue an appeale and yet she shall haue no dower And in like sort if a woman doe elope from her husband and after one doth kill him she may maintaine an appeale against the offendour but no writ of dower against his heire And many other Cases there be where a man was so seised of his lands that his wife is not thereof endowable by the Lawe And yet if hee be slaine she may maintaine an appeale against the manqueller Where the wife may haue appeale none other shall 8 Where a woman may haue an appeale of the death of her husband 20. H. 6.47 Kel fol. 120 none other shall haue it during her life nor after her death though the wife doe die within the yeare and day after the death of her husband and before the appeale commenced for that the appeale was once out of the blood it shall not be restored to his

blood againe If the husband be killed by his wife The husband killed by his wife his sonne shall haue an appeale 33. H 8. Dyer 50 18. Ed. 4.1 And yet if in that case the King doe pardon the wife all treasons the sonne shall be barred of his appeale Appeale of death by the heire 9 If he that was slaine had no wife liuing at the time he was killed then his next heire by the common Lawe if he be male shall haue the appeale But if hée which bringeth the appeale be the next heire male to him that was slaine yet if there be another liuing which is his heire by the common Lawe though not his heire male his appeale shall abate As if he that was slaine had issue a daughter and no sonne 27. As p. 25. Fi. Cor. 384 his brother cannot maintaine an appeale against the offendor though hée be his next heire male because he is not next heire by the common Lawe to him that was slaine but his daughter is And by the same reason a Bastard nor the youngest sonne which doth inherite lands in Borough English A Bastard Heire in Borough English shall not maintaine an appeale because neither of them is heire by the common Lawe It was a custome in olde time if one were found guiltie in an appeale of murder that his wife The maner of a murderers death and all the nearest of his kinne which was murdered 11. H. 4.11 Plo. com 306 should drawe the felon who committed the murder by a long rope to the place of execution An appeale dieth with the Appellant or by his non-suite c. 10 This appeale of the death of the auncester is so tied and affixed to the next heire male at the Common Lawe of him that was slaine that if it be once attached by him although that hée die hanging the suite or be non-suite therein or doe discontinue the suite and that within the yéere 38. H. 6.13 9. H. 7.5 16. H. 7.15 yet the appeale is extinct for euer because it is but a personall action and not auncestrell for he that was slaine could not haue maintained it and therefore being but personall it doth die with the person of the appellant But it is otherwise if the appeale were not attached by the heire during his life 11. H. 4.11 ●0 H. 6.46 but that hée died before hée brought his appeale or died in the life of his auncester that was killed In that case hée which is next heire male liuing shall haue the appeale 9. H. 7.5 Stamf. fo 59 11 If the eldest sonne before the appeale commenced and within the the yeare doth release the appeale and then dieth The heire doth release and die the second sonne and euery other which claimeth as heire to the partie slaine shall bée barred thereby 16. H. 7.15 38. H. 6.13 12 If the eldest sonne doe bring an appeale and hath iudgement Recouery and death before execution and before execution of the offendor dieth his heire shall not haue execution for if he should he is to haue it as heire to him that recouered and not as heire to the partie slaine which cannot be for hée that demaundeth reuenge of his auncestors death must make himselfe immediate heire to the same auncestor which was slaine or otherwise his sute shall not be allowed which the heire of the eldest sonne in this case cannot doe 13 If the eldest sonne after the title of appeale accrued vnto him The eldest sonne disabling himselfe or during the life of his auncester that was slaine doe disable himselfe by attainder of felonie or by being a Monke a Priest or mayhemed by the Defendant Fitz. Cor. 235.322 or by any other cause So that by such disabilitie hee cannot haue an appeale yet the second sonne shall not haue it 14 If the eldest sonne doth kill his father or his mother Killing father mother brother or wife the second sonne shall haue an appeale against him Fi. Cor. 459. And if there be thrée brethren and the middlemost killeth the elder brother the youngest brother shall haue an appeale against him And yet in the foresaide cases hée that bringeth the appeale 18. Ed. 4.1 33. H. 8. Dyer 50. is not heire to him that is slaine And if the husband doe kill his wife his sonne shall haue an appeale against him 1. H. 4.6 Littl. vill 15 If the Lord doe kill his Villaine the heire of him that was slaine The Lord killeth his villaine may haue an appeale against his Lord notwithstanding that the Plaintifs in the appeale is villaine to the Defendant for the villaines heire doth not sue for the recouerie of lands goods or liberty from the Lord but onely for a lawfull reuenge of his auncesters death And if the villaines heire should not haue an appeale in this case the said offence should remaine vnpunished by appeale for none other may pursue it 41. As p. 14. 45. Ed. 3.25 27. Ed. 3.83 Kel fol. 120 32. As p. 8. 16 An Infant An Infant within the age of twenty and one yeares may haue an appeale of the death of his auncester and in like sort hée may haue any maner of appeale But notwithstanding the plea shall remaine to be tried vntill he come to his full age of one and twentie yeares for that in this case the Defendant cannot wage battell against him Attamen quaere A man of 70. yeares of age 17 A man of the age of thrée score and tenne yeares may haue an appeale of the death of his auncestour Fi. Cor. 385 and in like sort may haue any manner of appeale and yet being of that age hée shall put the Defendant from waging of battell with him Disabilities to bring an appeale 18 If the Plaintife which ought to sue the Appeale be attainted of treason or felonie or a Monke or a Priest or mayhemed by the Defendant Fi. Cor. 32● he shall not haue an appeale Disabilities in the appellant 19 A man that is not of perfect memorie or that is deafe and dumbe Britton or a Lazar or a foole naturall shall not haue an appeale of death nor any other appeale For battell cannot be waged against any of them euery of them being vnperfect to performe the same Pleading that the appellant hath an elder brother 20 If one brother doe bring an appeale of the death of his auncestor 7. Ed. 4. 15 it is no plea for the appellée to say that the said auncestor at the time of his death and after the Writ purchased had an elder brother named B. to whom the appeale is giuen and not to him that is plaintife for it may be that the same B. was his brother of the halfe bloud And therefore the surest way is to begin his plea with the father of him that was slaine as to say that such a man tooke to